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TERMS OF SERVICE AGREEMENT This Agreement sets forth the Standard Terms and Conditions that apply to use of the Leadbull.com ("Leadbull.com") web site. YOUR USE OF THE Leadbull.com SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. These Terms of Service form independent agreements between you and Leadbull.com. The Parties shall be liable to the other for any breach of these Terms of Service, and you agrees that your sole recourse in case of such breach shall be against the breaching party. TERMS AND CONDITIONS You agree to familiarize yourself with the Terms of Service, and abide by them if you choose to use the sites, or accept the services or benefits, to which such terms apply. TERM OF AGREEMENT AND TERMINATION This Agreement shall remain in effect as long as you have an account with Leadbull.com and shall automatically renew each time you use the Leadbull.com's services. Leadbull.com may terminate this Agreement at any time, for any reason. MEMBER CONDUCT You agree to abide by all applicable local, state, national and international laws and regulations regarding your use of our service. MEMBERSHIP ELIGIBILITY Our services are only available to principals and employees of duly organized and licensed mortgage brokers or lenders who are in good standing. We do not accept lenders that engage in predatory lending practices. REGISTERING FOR SERVICE Registration is free of charge to eligible members. Each member has sole responsibility of their account and protection of their account information. BUYING LEADS If you choose to buy leads you agree to pay the amount according to our pricing schedule in effect at the time you buy the leads. Your purchase is a binding contract subject to the terms of this agreement. FUNDING YOUR ACCOUNT You may add money to your account using a credit card (minimum $100), Paypal.com or a Check. If you use a credit card, you agree to not charge back your card for any reason. If you use a check, you agree to not stop payment on the check for any reason. If you charge back your credit card, or if your check or draft is not honored by the bank for any reason, you agree to pay a $100 service fee. You also agree to pay any collection costs and/or attorney fees should collection action be initiated. RETURN POLICY You may return leads for immediate credit within 72 hours of purchase if any of the following conditions occur: Borrower does not exist, contact information is completely incorrect, the borrower did not fill in the form, or the lead is a duplicate. Leadbull.com reserves the right to verify the reported inaccuracies and, in Leadbull.com's sole discretion, determine whether the return is valid. If it is determined that the return is not valid the charge for the lead will stand and no credit will be issued. You may not receive a credit if the borrower changed his/her mind about getting a loan, got the loan elsewhere, does not call you back or says they are not interested. REFUND POLICY You may receive a refund on your Leadbull.com account if you were over billed due to a technical error or if we can not deliver the leads that you have ordered within a 3 month period. Leadbull.com credits and or funds do not have any cash or monetary value. Leadbull.com will not refund any amount back due to lead quality and will only replace your Leadbull.com account with a credit to buy a new replacement lead. CONTACTING BORROWERS If you take delivery of leads you agree to promptly contact the borrower and to offer the prospective borrower your most competitive rates and highest level of service. Furthermore, you agree to respect a prospective borrowers' privacy and honor any requests to be removed from any future contact list by you and to report their request to Leadbull.com within ten (10) business days. CONTENTS OF MESSAGES You are responsible for the contents of your messages and the consequences of any such messages. You agree that you will not use Leadbull.com for chain letters, junk mail, “spamming”, solicitations (commercial or noncommercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process. You further agree not to use Leadbull.com to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Leadbull.com reserves the right to terminate User's account if it becomes aware and determines, in its sole discretion, that User is violating any of the foregoing guidelines. ACCOUNT AND PASSWORD You are responsible for maintaining the confidentiality of your account name and password. You are solely responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify Leadbull.com of any unauthorized use of your account. LINKS The links on the Leadbull.com Web Site may let you leave the Leadbull.com Web Site. You acknowledge that the linked sites are not under the control of Leadbull.com and Leadbull.com is not responsible for the contents or operation of any linked site or any link contained in a linked site, or any changes or any updates of such sites. Leadbull.com is not responsible for web casting or any other form of transmission received from any linked site. Leadbull.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Leadbull.com of the linked site or any association with their operators. UNLAWFUL OR PROHIBITED USE As a condition of your use of the Leadbull.com Web Site you warrant to Leadbull.com that you will not use the Leadbull.com Web Site for any unlawful purpose. RIGHTS GRANTED TO Leadbull.com By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the Leadbull.com Web Site, you warrant and represent that you own or otherwise control the rights necessary to do so and to grant Leadbull.com the licenses set forth below. You hereby grant Leadbull.com and its affiliated companies permission to: • Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sub-license, create derivative works from, transfer, or sell any such communication. • Sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. • Publish your name in connection with any such communication. The foregoing grants shall include the right to exploit any intellectual property or proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. No compensation will be paid or due you with respect to Leadbull.com's or its sub- licensee's use of the materials contained within such communication. Leadbull.com is under no obligation to post or use any materials you may provide, and may remove such materials at any time in Leadbull.com's sole discretion. RELATIONSHIP OF THE PARTIES Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever. CONFIDENTIALITY The information provided to you by Leadbull.com is proprietary to Leadbull.com and is considered to be confidential information. You shall take all reasonable steps to assure that the confidential information shall not be disclosed by you to others, in whole or in part, without the prior written permission of Leadbull.com. You may use the information only for business purposes. You may tell the prospective borrower that you received their request from Leadbull.com, however you may not share the actual lead data with the prospective borrower or any other third party for any reason. RELEASE Leadbull.com is not involved in the actual transaction between the parties. Leadbull.com has no control over the quality or accuracy of the information provided in the leads. Leadbull.com does not guarantee the data contained in the leads, your results or that you will close a loan with our leads. In the event that you have a dispute with one or more clients obtained through a lead, you release Leadbull.com (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY THE Leadbull.com SERVICE PROVIDED IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Leadbull.com EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE Leadbull.com SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Leadbull.com, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL Leadbull.com, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE Leadbull.com SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE Leadbull.com SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Leadbull.com RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT Leadbull.com IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM Leadbull.com AND ITS AFFILIATES. THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON. COPYRIGHT AND TRADEMARKS All contents of the Leadbull.com Web Site are proprietary to Leadbull.com, and/or its suppliers and are protected under international Copyright and Trademark law. All rights are reserved. Leadbull.com reserves any rights not expressly granted herein. ARBITRATION Any legal controversy or legal claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration before the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in North Carolina, as the parties to this agreement agree to be governed by the laws of North Carolina. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in North Carolina necessary to protect the rights or property of party pending the completion of arbitration. The prevailing party from arbitration shall be entitled to reasonable attorney's fees, which shall be set forth by the arbitrator(s). Judgment upon the award rendered may be entered in any court in the state of California with jurisdiction. The decision of the arbitrator shall be final and binding on the parties. The parties shall bear equally all fees, costs and expenses of the arbitration, and each party shall bear its own legal expenses, attorneys fees, and costs of all experts and witnesses, provided, however, the arbitration panel may apportion between the parties, as said arbitrator may deem equitable, the cost incurred by either party. INDEMNIFICATION You agree to defend, indemnify and hold harmless Leadbull.com against any and all claims, losses, liability costs and expenses (including but not limited to reasonable attorneys' fees) arising from your violation of these Terms and Conditions or any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with Leadbull.com. MISCELLANEOUS This Agreement constitutes the complete and exclusive agreement between you and Leadbull.com and supercedes any prior Agreements between the parties with respect thereto. This Agreement shall be governed by and construed in accordance with the laws of the state of North Carolina. Each party to this Agreement hereby submits to the exclusive jurisdiction of the courts of the state of North Carolina, and waives any jurisdictional, venue or inconvenient forum objections to such courts. If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely - confidentiality/non-disclosure, warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment. Leadbull.com's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Leadbull.com's right to subsequently enforce such provision or any other provisions of this Agreement. No waiver of any provision of this Agreement shall be effective unless in writing. Any headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action. You may not assign your rights, except in the event of a merger or consolidation of either party, in which case the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement. If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of Leadbull.com, Leadbull.com is unable to perform in whole or in part its obligations as set forth in this Agreement, then Leadbull.com shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make Leadbull.com liable to you. Leadbull.com shall have the right at any time to change the terms of this Agreement, effective immediately upon making the modified provisions available on the Leadbull.com Web Site. You are responsible for regularly reviewing these documents. Continued use of the Leadbull.com Web Site after any such changes shall constitute your consent to such changes. Leadbull.com does not and will not assume any obligation to notify you of any changes to the Terms of Service.
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